If you listen to the hearing, you’ll hear eight of the justices unravel every stance that the Kolorado Klan takes. Kavanaugh asked for a definition of insurrection and who was eligible to decide someone was guilty.
They questioned the chaos of finding in Kolorado’s favor, having other states remove other names, those cases being challenged, and winding up having to take fifty cases to the Supreme Court every election.
Jackson Brown blew him up on why they didn’t just say the restriction applied to the president if that’s what they meant.
Mostly it seemed, they weren’t swallowing that it was self executing and didn’t require conviction at trial, or that states had any role in enforcing Section 3.
They made it clear that given the restriction’s ability to be removed by Congress, it was unlike the age and natural born qualifications for president.
They kicked the smell out of this case.